Reference no: EM134021089

Question

Janyce, aged 52, had worked at the employer's food market for ten years when a fire destroyed her house. The next day she called her employer, indicating that she did not know when she would be able to return to work. When a month went by without hearing from Janyce, the employer had its payroll department prepare a record of employment (ROE), which indicated that Janyce had "quit" her job. Several weeks later, Janyce was diagnosed with anxiety and depression, stemming from the fire and its surrounding circumstances, and she called the employer for her ROE, because she needed to claim sick leave employment insurance benefits. When she picked it up, she discovered that the ROE indicated that she had quit her job. Janyce sued the employer for wrongful dismissal. The employer countered that Janyce had resigned.

Was Janyce was wrongfully dismissed in the context of what you have learned about resignation. Give reasons for your answer and determine whether or not the employer could have done something differently.